Turpin v. Sortini

31 Cal. 3d 220 (1982)

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Nature of the Case

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Facts

Dr. Adam Sortini (D) examined James and Donna Turpin's daughter (Hope) (P) and advised the parents that Hope's hearing was within normal limits. 643 P.2d at 956. Approximately one year later, the child was correctly diagnosed as being 'stone deaf' as a result of a hereditary ailment. Id. In their complaint, the Turpins alleged that if they had known that Hope was deaf, they would not have conceived their second child (Joy), who suffered from the same total deafness as did her sister. Id. The Turpins, on behalf of Joy, brought a wrongful-life action in which they sought: (1) general damages for being 'deprived of the fundamental right of a child to be born as a whole, functional human being without total deafness' and (2) special damages for the 'extraordinary expenses for specialized teaching, training and hearing equipment' which she will incur during her lifetime as a result of her hearing impairment. The trial court sustained a demurrer to the Turpins' wrongful-life action. Id. On appeal, the defendants/appellees took the position that Joy had suffered 'no legally cognizable injury or rationally ascertainable damages as a result of their alleged negligence. ' 643 P.2d at 960.